1. Empowering excellence. TheEA.org Preventing LGBT Discrimination Advocates for Basic Legal Equality, Inc. Legal Aid of Western Ohio, Inc. Presented By: Bob Bethel, SPHR, SHRM-SCP September 10, 2015

2. TheEA.org Preventing LGBT Discrimination Empowering excellence. Defining Harassment and Discrimination Intent vs. Impact Providing Respect and Dignity Regulatory Changes Same Sex Marriage Impact on Employers Types of Potentially Offending Behavior Questions

3. TheEA.org What is the Difference between Harassment and Discrimination? Empowering excellence.

4. TheEA.org Protected Classes Empowering excellence. Title VII, Civil Rights Act of 1964 (as amended since) prohibits employment discrimination and retaliation based upon:

5. TheEA.org Legal vs. Illegal Discrimination Empowering excellence.

6. TheEA.org Title VII did not explicitly include harassment until : Empowering excellence. 1986: Supreme Court says sexual harassment is prohibited by Title VII even if there is no direct financial damage

7. TheEA.org What is harassment? (short version) Empowering excellence. The EEOC defines it as: Behavior that is Unwelcome, and Offensive Behavior that creates an intimidating or hostile work environment If you remember just one thing from this training, remember the “Un”

8. TheEA.org Intent vs. Impact Empowering excellence. Intent is not relevant in determining whether or not a behavior is harassment. Impact of the behavior on the work environment is all that matters. The statement, "I didn't mean anything by it," is not a valid defense of harassing or discriminatory behavior.

9. TheEA.org Providing Respect and Dignity Empowering excellence. Special Treatment? – NO! Respectful Treatment? – YES!

10. TheEA.org Providing Respect and Dignity Empowering excellence.

11. TheEA.org Providing Dignity while Respecting Religious Freedom Empowering excellence.

12. TheEA.org Regulatory Changes Empowering excellence.

13. TheEA.org Regulatory Changes Empowering excellence.

14. TheEA.org Private Employer Policies Empowering excellence. 91% of Fortune 500 Companies prohibit discrimination based on sexual orientation 61% of Fortunate 500 companies prohibit discrimination based on gender identity

15. TheEA.org Same Sex Marriage Impact on Employers Empowering excellence.

16. TheEA.org Types of potentially offending behavior Empowering excellence.

17. TheEA.org The Connection between Bullying and Harassment Empowering excellence.

18. TheEA.org The Connection between Bullying and Harassment Empowering excellence. Constant and Unfair Criticism Social Bantering and Teasing Yelling, Shouting, and Screaming Insults and Behind-the-Back Putdowns Malicious Gossiping Monopolizing Supplies and Resources Aggressive e-mails and notes Overt threats and aggression Bullying is now being recognized as unlawful, even though it does not involve a protected class.

19. TheEA.org Impact on the Recipient and the Workplace Empowering excellence. Costs to the employer include turnover, higher health care costs, low productivity, absenteeism, low morale and retaliation that may reach levels of aggressive and violent behavior. Above all, workplace bullying can make it impossible for employers to reach the goal of treating all employees with respect and dignity.

20. TheEA.org Preventing LGBT Discrimination Summary Empowering excellence.

21. TheEA.org Questions? Comments? 1787 Indian Wood Circle, Suite A  Maumee, OH 43537 Phone: 419-893-3000  1-800-882-7042  Fax: 419-893-3001 Bob Bethel, SPHR, SHRM-SCP bbethel@employersassociation.com (419) 410-7535; (419) 893-3000